Aplicarea legii penale mai favorabile în cazul suspendării condiționate a executării pedepsei
The application of the more favorable criminal law in case of conditional suspension of the execution of the sentence

Summary/Abstract: The present article offers solutions to a problem that has arisen in judicial practice: if the regime of conditional suspension of the execution of the sentence, in terms of revocation, is the one provided in the Criminal Code of 1969, as a result of the application of art. 15 para. (2) of Law no. 187/2012, if the main punishment applied for the crime committed before February 1, 2014 was established according to the current Criminal Code, and the manner of execution was ordered according to the Criminal Code of 1969, as a result of the application of the more favorable criminal law on autonomous institutions, given that by Decision no. 265/2014 of the Constitutional Court, it was ruled that the provisions of art. 5 C.pen. are constitutional insofar as they do not allow the combination of the provisions of successive laws in the establishment and application of the more favorable criminal law.

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